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2024 DIGILAW 1791 (GUJ)

Shaikh Malka Ishakbhai v. Union Of India

2024-08-30

VAIBHAVI D.NANAVATI

body2024
ORDER : (Vaibhavi D. Nanavati, J.) : 1. Heard Mr.Bhuvnesh Gahlot, learned advocate appearing for the petitioners, Ms.Pooja Ashar, learned A.G.P. for the respondent no.3, Mr.Vishrut Jani, learned advocate appearing for R.C. Jani, Associates for the respondent no.4 and Mr.G.H. Virk, learned advocate appearing with Mr.S.H. Virk, learned advocate for respondent nos.5 and 6. 2. Issue Rule, returnable forthwith. Ms.Pooja Ashar, learned A.G.P. waives service of notice of Rule for respondent no.3, Mr.Vishrut Jani, learned advocate waives service of notice of Rule for respondent no.4 and Mr.G.H. Virk, learned advocate waives service of notice of Rule for respondent nos.5 and 6. 3. 2. Issue Rule, returnable forthwith. Ms.Pooja Ashar, learned A.G.P. waives service of notice of Rule for respondent no.3, Mr.Vishrut Jani, learned advocate waives service of notice of Rule for respondent no.4 and Mr.G.H. Virk, learned advocate waives service of notice of Rule for respondent nos.5 and 6. 3. By way of the present petition, the petitioners have prayed for the following reliefs:- “A) admit this petition; B) issue appropriate writ of order or direction and be pleased to quash and set aside the action of the respondent authorities of issuing notice dated 03/07/2023(Annexure-E) whereby the respondent authority has issued notice to 992 flat owners of including present petitioners’ families who have been served with notice to demolish the premises i.e. Sikandar Bakthnagar Shaheri Awas Yojna, Behrampura allotted to 992 families under the Jawaharlal Nehru Urban Renewal Mission scheme floated by the Central Government, Constructed by Urban Development and Urban Housing Department, Government of Gujarat for resettlement and rehabilitation of thousands of residents residing at the bank of river Sabarmati for construction of Sabarmarti River Front, allotted by Ahmedabad municipal Corporation, on the ground that the condition of the building blocks has been deteriorated and therefore, if at all any human life is lost due to falling off any building block, then Ahmedabad, municipal corporation will not be held responsible which has been allotted to the petitioners from the year 2010 to 2014 as the same is violative Article 21 of the constitution of India, in the interest of justice; C) issue appropriate writ of order or direction and be pleased to quash and set aside the notices dated 03/07/2023(Annexure-E) whereby the respondent authority has issued notice to 992 flat owners (where more than 5000 people are residing) including present petitioners’ families who have been served with notice to vacate the premises allotted to 992 families under the Jawaharlal Nehru Urban Renewal Mission scheme floated by the Central Government, Constructed by Urban Development and Urban Housing Department, Government of Gujarat for resettlement and rehabilitation of thousands of residents residing at the bank of river Sabarmati for construction of Sabarmarti River Front, allotted by Ahmedabad municipal Corporation, on the ground that the condition of the building blocks has been deteriorated and therefore, if at all any human life is lost due to falling off any building block, then Ahmedabad, municipal corporation will not be held responsible which has been allotted to the petitioners from the year 2010 to 2014 as the same is violative Article 21 of the constitution of India, in the interest of justice; D) issue appropriate writ of order or directions upon the respondent authorities to constitute a high level committee and to investigate and initiate disciplinary or appropriate proceedings against the concerned officers/contractors/builders etc. who have constructed the Sikandar Bakthnagar Shaheri Garib Avas Yojna, Behrampura, Ahmedabad with such a building material and in such a fashion that it has became dilapidated with only 10-12 years of handing over possession to the petitioners as well as other citizens who were relocated and rehabilitated from Sabarmati River bank, in the interest of justice; E) issue appropriate writ or order or directions upon the respondent authorities to grant alternate resident in the case, if respondent authorities reconstruct/rebuild the Sikandar Bakthnagar Shaheri Garib AvasYojna, Behrampura, Ahmedabad for the petitioners and other resident of the Sikandar Bakthnagar Shaheri Garib AvasYojna, Behrampura, Ahmedabad, then the respondent authorities may kindly be directed temporary shift the petitioners and other resident to nearby residential area till the time the Sikandar Bakthnagar Shaheri Garib AvasYojna, Behrampura, Ahmedabad is reconstructed by and on the respondent authorities expense and further direct the respondent authorities to take proper building use permission of the newly constructed building before handing over the possession, in the interest of justice; F) by way of interim relief, be pleased to restrain the respondent authorities to implement, execute or proceed in consonance with notice dated 03/07/2023(Annexure-E) pending admission and final hearing of the present petition; G) by way of interim relief, be pleased to direct the respondent authorities to reconstruct/ rebuild the Sikandar Bakthnagar Shehari Garib Awas Yojna, Behrampura, Ahmedabad and further direct the respondent authorities to accommodate the petitioners along with remaining flat owners to a clean and safe temporary accommodation at the expense of concerned respondent authorities pending admission and final hearing of the present petition; H) by way of interim relief, be pleased to direct the respondent authorities to consider and decide the representations dated 12/09/2023 (Annexure-G)of the petitioners pending admission and final hearing of the present petition; I) pass such orders as thought fit in the interest of justice. 4. Briefly stated, the petitioners herein are the residents of Sikandar Bakthnagar Shehari Garib AwasYojna, Behrampura, Ahmedabad, which consist of more than 5000 residents in total 992 blocks. The said dwelling units are devoid of sanitation facilities. There are debris, water logging and due to the same, the residents time and again suffer from various infections and diseases. 4.1. 4. Briefly stated, the petitioners herein are the residents of Sikandar Bakthnagar Shehari Garib AwasYojna, Behrampura, Ahmedabad, which consist of more than 5000 residents in total 992 blocks. The said dwelling units are devoid of sanitation facilities. There are debris, water logging and due to the same, the residents time and again suffer from various infections and diseases. 4.1. The petitioners herein have challenged the notice dated 03.07.2023 issued by the respondent – Corporation under Section 265 of the Gujarat Provincial Municipal Corporations Act, 1949, which is duly produced at Annexure-E. 4.2. It is the case of the petitioners that the said notice is issued by the respondent – authority upon all the flat owners including the petitioners’ families, who have been asked to vacate the premises allotted to 992 families, which consist of more than 5000 people, under the Jawaharlal Nehru Urban Renewal Mission scheme floated by the Central Government and constructed under the Urban Development and Urban Housing Department, Government of Gujarat for resettlement and rehabilitation of thousands of residents residing at the bank of river Sabarmati for construction of Sabarmarti River Front, allotted by Ahmedabad Municipal Corporation, on the ground that the condition of the building blocks has been deteriorated and if at all any human life is lost due to falling of the building block, then the Ahmedabad Municipal Corporation will not be held responsible which has been allotted to the petitioners from the year 2010 to 2014. 4.3. It is the case of the petitioner that the respondent - authorities be directed to constitute a high level committee and investigate and initiate disciplinary action against the concerned officers, who have constructed the said residential units with such material and fashion that it would became dilapidated within only 10-12 years of handing over possession to the petitioners as well as other citizens, who are relocated and rehabilitated from Sabarmati River bank. The petitioners have further prayed for issuance of appropriate writ or order or directions upon the respondent – authorities, restraining the respondent - authorities from evacuating the present place of residence, which is a Garib Awas Yojna, Behrampura, Ahmedabad in consonance with the notice dated 03.07.2023 issued to the petitioners and other residents of the society. 5. The petitioners have further prayed for issuance of appropriate writ or order or directions upon the respondent – authorities, restraining the respondent - authorities from evacuating the present place of residence, which is a Garib Awas Yojna, Behrampura, Ahmedabad in consonance with the notice dated 03.07.2023 issued to the petitioners and other residents of the society. 5. Mr.Bhuvnesh Gahlot, learned advocate for the petitioners submitted that the petitioners herein are belong to economically weaker section of the society and were allotted the aforesaid residential flats in the year 2010. It is submitted that within a period of 10 to 11 years, upon their residing in the said apartments, the respondent – authority has issued the notice under Section 265 of the Act, asking the petitioners to vacate the premises. 5.1. It is submitted that the appropriate action be taken against such officers, who constructed the said society wherein, the buildings are in a dilapidated condition and the aforesaid aspect be investigated. Placing reliance on the Regulations for Residential Township, 2009 (for short, “the Regulations of 2009”), more particularly, Regulations 10, 12, 18 and 19, it is submitted that the petitioners are governed by the said regulations and in light of the aforesaid, it is the duty of the respondent – Corporation to act in accordance with the said regulations. 5.2. Regulation 10 provides for infrastructure to socially and economically weaker section housing - SCWH and other infrastructure. Regulation 12 provides for responsibilities of the township developer. Regulation 18 provides for supervision and monitoring of the quality of construction and Regulation 19 provides for grievance redressal. 6. Placing reliance on the aforesaid, it is submitted that the respondent - authority be directed to act in accordance with the aforesaid regulations. 7. In the course of hearing, Mr.Gehlot, learned advocate, upon instructions, does not press prayer ‘A’ seeking quashing of the notice issued by the respondent - authority dated 03.07.2023, duly produce at page 108 and 109. 8. Mr.G.H. Virk, learned advocate appearing with Mr.S.H. Virk, learned advocate, learned advocate for the respondent – authority, at the outset, placed reliance on the impugned notice, duly produced at Annexure-E collectively at page 108 and submitted that the notice is issued under Section 265 of the Act. Placing reliance on Section 265 of the Act, it is submitted that the same provides for periodic inspection of the buildings. Placing reliance on Section 265 of the Act, it is submitted that the same provides for periodic inspection of the buildings. It is further submitted that before issuance of the notice under Section 265 of the Act, the respondent – Corporation has issued the public notice dated 06.06.2023 with respect to the dilapidated condition of the buildings and the said notices are duly produced on record and the same are taken on record. It is submitted that after issuance of the impugned notice on 03.07.2023, the respondent – Corporation has issued two other notices, which are not the subject matter of challenge. 8.1. It is submitted that no action is taken by the corporation seeking dispossession, eviction or demolition of the buildings. Reliance is placed on the Regulations of 2009. Regulation 3.9 thereof, reads as under:- “3.9.“Infrastructure” shall include roads, streets, open spaces, parks, playgrounds, recreational grounds, water and electric supply, street lighting, sewerage, drainage, storm water drainage public works and other utility services and conveniences.” 8.2. Placing reliance on the aforesaid, it is submitted that it is the case of the petitioners that the petitioners are governed by the said regulations and under such circumstances, the petitioners may avail the remedy available under Regulation 19 of the Regulations of 2009, which provides that the grievances are to be resolved by the prescribed authority wherein, pursuant thereto, there is also an appellate authority constituted under Section 19.3 of the said Regulations of 2009. Placing reliance on the same, it is submitted that the prayers, as prayed for, in the present petition are premature and the respondent – Corporation has taken no such steps, as stated by the petitioners herein and the petition is required to be dismissed. 9. Having heard the learned advocates appearing for the respective parties, Mr.Gehlot, learned advocate does not press the challenge qua the impugned notice dated 03.07.2023. 10. 9. Having heard the learned advocates appearing for the respective parties, Mr.Gehlot, learned advocate does not press the challenge qua the impugned notice dated 03.07.2023. 10. Considering the aforesaid, in paragraph 9(C), it is prayed to set aside the notice dated 03.07.2023 issued under Section 265 of the Act to 992 flat owners, including the present petitioners, who have been served the notice to vacate the premises under the Jawaharlal Nehru Urban Renewal Mission scheme floated by the Central Government and constructed under the urban development and urban housing, Government of Gujarat for resettlement and rehabilitation of 1000 of residents residing at the bank of river Sabarmati for construction of the riverfront allotted by the Ahmedabad Municipal Corporation on the ground that the condition of the building blocks has been deteriorated and, therefore, if at all, any human life is lost due to falling of the building blocks, then the Ahmedabad Municipal Corporation will not be held responsible, which has been allotted to the petitioners in the year 2010 to 2014. It is further prayed to constitute the high level committee to investigate and initiate the disciplinary action against those, who constructed the said residential units. 11. Considering the aforesaid prayers, as prayed for, by the petitioners herein, if the petitioners are regulated by the Regulation of 2009, it is open for the petitioners to approach the competent forum under the said Regulation, 2009. Further, in absence of any irregularity brought to the notice of this Court with respect to the prayer to initiate the proceedings against the concerned officers, contractors, builders etc. who have constructed the Sikandar Bakthnagar Shaheri Garib Avas Yojna, Behrampura, Ahmedabad, the said prayer, as prayed for, is declined. 12. The prayer qua the notice issued under Section 265 of the Act, which is the subject matter of challenge in the present petition, is not pressed. 13. In view of the aforesaid, the present petition is disposed of. Notice is discharged. 14. In view of disposal of the present petition, the civil application would not survive and the same is also disposed of.